Blame DA George Brauchler for dragging out James Holmes trial

District Attorney George Brauchler arrives for district court in Centennial on Dec. 18, 2013. Aurora theater shooting suspect James Holmes was in Arapahoe County Court for a brief status hearing. (RJ Sangosti, Denver Post file)

Letter-writer Mark Liveris, who complained about justice being delayed in the Aurora theater shooting, puts the blame for the prolonged James Holmes trial with Judge Carlos Samour. He is completely incorrect.

The person solely responsible is Arapahoe County District Attorney George Brauchler, who rejected a plea deal from Holmes that would have provided swift justice. Brauchler insisted on pursuing the death penalty, probably in order to make a name for himself, and the result is a trial that is going to last for years and will waste millions of dollars of the taxpayers’ money. And even if Brauchler is ultimately successful and Holmes receives a death sentence, there is probably very little chance that he will actually be executed anyway.

Every article on the trial should include an update on the cost to remind everyone how much money Brauchler is wasting.

Dennis Bronstein, Denver

This letter was published in the July 18 edition.

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I stated that unequivocally at least three time in previous comments, now we’re getting it straight form the Denver Post. I have a feeling that Brauchler isn’t destined for stardom after all.

Papa Smurf

Not to put too fine a point on it, but you’re getting it straight from a reader through the Denver Post. I don’t recall if the DPEB has weighed in on the subject yet, or not.

toohip

It’s a “tricky” point for the DP to make to point fingers at Bruchler or any prosecutor. A mere mention of the fact had the prosecutor take a plea deal for a guilty plea which would save time and $millions. . would be lost on the average reader. Emphasizing it, would make the DP accused of politicking or taking a moral stand. Sometimes you have to let the people tell the truth via a publication like LTE.

OrangeFree

He’s too busy sniping at Hick for once being a bar owner to worry about silly things like prosecuting the Aurora Mass Murderer.

peterpi

Brauchler is sniping at Hick for being a bar owner?

OrangeFree

Brauchler refers to the Governor only as “The Bartender”

Anon

It’s his juvenile way of getting a dig in at Hick in any way possible.

toohip

Thanks for sharing. Is everything in Arapaho County so skewed to the right?

basurablanca

Yes, it’s disgusting.

primafacie

I would hesitate to attach motives to anyone’s decisions. To ascribe it entirely on “to make a name for himself” without an iota of what’s inside Mr. Braucher’s head is pure folly. But, indeed, the trial will take a while.

But what’s your hurry, Mr. Bronstein? James Holmes isn’t going anywhere. He’s as good as serving life right now.

As to whether he’ll be executed, none of us has a crystal ball. But my spidey sense says that as long as John Hickenlooper is governor, yes, Holmes won’t be executed. If his opponent wins this fall, that may very well be a different story.

Papa Smurf

Mr. Bronstein’s point about the continuing costs of this three-ring circus has merit. This could’ve, and should’ve, been a done deal long ago. A guilty plea in exchange for consecutive life terms for every person killed (plus some more-than-superfluous years for each of the wounded). He’d be put away so deep they’d have to pump sunlight to him.

As for James Holmes ever seeing the inside of a death chamber, Gov. Hickenlooper may well (and with full intent) driven a stake through the heart of capital punishment in this state. His “deferral” of Nathan Dunlap’s execution for an indeterminate period of time gave Dunlap a ready-made ground for another appeal. By “kicking the can” down the road to his successor (whoever and whenever that may be), Hick introduced an element of capriciousness and arbitrariness into the process… and we all know how appellate courts, including the Supremes, hate that. There’s literally no telling how they’re going to react when the time comes, or whether it will have a ripple effect on other cases. Especially if there’s a shift in balance of the Court.

peterpi

That CA decision has me scratching my head.
The defense attorneys use all the due process rights their clients are entitled to, which take a while to exhaust. Then, the State can’t execute someone because the process has taken too long, because the defense attorneys were clever?
I wish the USA would abolish the death penalty, but the CA Supremes’ decision sounds a little cockamamie.

Harpro208

Disagree on a minor point. The death penalty has never been strongly supported in this state like in Texas or Louisiana. It won’t be Hick that’ll be the death knell for capital punishment here, It’ll be history. Personally, I didn’t have a problem with the death penalty until what happened in Illinois. A death row inmate petitioned the Republican governor to have the evidence in his case undergo then new DNA testing. The test results showed the inmate to be innocent of the charges the state was going to execute him for. The governor ordered DNA testing for all death row inmates. Around 100. Fifteen percent of that hundred were found to be innocent. It’s not a leap to assume that hundreds of innocent (almost all poor) people have been murdered, yes murdered, on our behalf in the states that allow capital punishment. Enough. If the death penalty had a proven deterrent value it would have a reason to exist. It doesn’t so it’s time for it to die (pun intended yuk yuk yuk I slay me). IWJWD.

ChrisInDenver

It’s also absurdly expensive.

toohip

It’s. . . . Hickenlooper’s fault!” . . nah, doesn’t hunt.

primafacie

OK. And that isn’t what I said.

I said that as long as John Hickenlooper is governor, James Holmes won’t be executed, an assertion based on his trying to ride the fence on another pending execution that he’s punted to the next administration. A far cry from anything being “Hickenlooper’s fault.”

And for the record, I’ve never advocated for or against executing James Holmes.

Anon

Former rabid rightie radio host turned DA, who can’t believe that brauchler is desperately trying to make his bones with the party by being a “death penalty” guy at all costs – esp when those costs actually trickle down to those in his county. He’s phony and a fake and is looking for his moment(s) to bask in the sun because of his bad butt ways….a real tough guy, right?

Allen E

Don’t forget, before he joined talk radio Mr. Brauchler was with the Jefferson County DA’s office.

toohip

What self-respecting politician would serve as political mouth-piece on a political radio program? Oh, right (excuse. . ) George Brauchler and a few others we know. Thanks, learning more about this guy.

Allen E

Bronstein’s analysis of events is spot-on perfect. Mr. Brauchler has a reputation of doing a five minute routine every time he opens the refrigerator door. For a short time he considered running for governor, and certainly does have political aspirations. The “Holmes case is his ticket” to the big show. Brauchler is gambling, and right now the odds appear to be against him. Holmes did the crime, no doubt. He will pay for it. But, his mental state is at issue. This is where Brauchler is possibly on the wrong side.

Even if the jury finds him guilty of first degree murder, Holmes will not die by way of capital punishment. The recent case in California where the federal judge ruled California’s law unconstitutional provides a clear indication why this is true. The death penalty system in this country is severely broken, and getting worse. Colorado, like California, has seen fit to cut funding for the public defenders’ office. While Colorado does not have as many people on death row as California, the need for competent attorneys to make appeals is lacking. The time frame that an individual waits for a sentence to be carried out diminishes the usefulness of the punishment.

The death penalty is like no other punishment used by society to address adverse criminal behavior. “When an individual is condemned to death the sentence carries with it an implicit promise from the State that it will actually be carried out. That promise is made to the citizens of the State, who are investing significant resources in furtherance of a punishment that they believe is necessary to achieving justice. It is made to jurors who, in exercise of their civic responsibility, are asked to hear about and see evidence of undeniably horrific crimes, and then participate in the
agonizing deliberations over whether the perpetrators of those horrific crimes
should be put to death. It is made to victims and their loved ones, for whom
just punishment might provide some semblance of moral and emotional closure
from an otherwise unimaginable loss. And it is made to the individuals on Death Row, as a statement their crimes are so heinous they have forfeited their right to life.”

cecillena

If the insanity pleas had been accepted, Holmes would not be “put away so deep they would have to pump sunlight to him”. He would be in Pueblo, where the sun does shine.

toohip

WT. . ? OK, we know the sun shines in Pueblo. What were you expecting here. . . a mine shaft deep in the Himalayas?

Papa Smurf

There was never an offer for him to plead guilty by reason of insanity and it be accepted by the prosecution… it was an offer to plead guilty to the straight murder charges in exchange for taking the death penalty off the table.

toohip

EXACTLY! Amen! The “vengeance seekers” and those that believer our justice system is too just because it takes so long, and want swifter justice, and start looking at the real culprits, which are one flaw in our justice system. . an “elected” district attorney or prosecutor. This is how they get re-elected. . by the number of convictions and the extreme penalties they ask for and receive,. . even if the conviction is wrong or the penalty is too harsh. The public demands their pound of flesh, and that’s the American justice system’s idea of prosecution abuse. Another reason we lead the world in incarcerating the greatest numbers of our citizenry.

Watch. . as this trial drags on. . and on. . and all the LTE’s coming in angry about how long it’s taking and how much it’s costing. EXACTLY one of the arguments that the vengeful seem to care about, against the death penalty.

Harpro208

Can someone explain to me why it’s the conservative Christians who are always the most pro-death penalty? Whatever happened to Christian compassion and forgiveness? Why not life in prison instead of death? Why do they insist on ignoring those values which are the most basic within their faith?

Papa Smurf

Probably because is goes hand-in-hand with the Biblical teachings of “an eye for an eye.” It’s another one of those pick-and-choose options that allows all the bases to be covered.

ChrisInDenver

A rare instance where I agree with you. And while I’m at it, I love the avatar. That’s from the Weekly World News, isn’t it? Sad that paper is out of circulation…

kelcy

Old Testament.

guesswhdrews

I keep wondering why lefties abhor capital punishment but find abortion to be good under any condition. Go figure.

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